To commit the crime of Resisting and Officer Without Violence in Jacksonville and all of Florida, you have to resist, obstruct, or oppose a police officer who was, at the time, engaged in the lawful execution of a legal duty. Words alone, without anything more, may not support a resisting charge as long as the words used do not hinder the officer’s investigation into criminal activity that has already occurred. You also cannot persist in your conduct after being asked to leave by an officer investigating criminal activity.
There are also other situations where you may be faced with a resisting charge. If you give an officer a false name, date of birth, or other identifying information, they may arrest you. However, if you subsequently recant and then offer the correct information before any harm is done, you cannot be convicted of resisting. Also, if you fail to give an officer your name and he has a well founded suspicion to believe you were involved in criminal activity, your failure to give information may constitute resisting without violence criminal charges. Conversely, where there is no founded suspicion to suspect criminal activity, and the officer simply confronts you to obtain your identity, your failure to provide information will not constitute a crime in Jacksonville.
If you have any questions about criminal resisting charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.